Domain name disputes are becoming more prominent with the increase in the value and importance of domain names to every day business. While domain name disputes can often fall within trademark disputes, they are often their own unique form of dispute.
Cooper Mills is one of Australia’s most experienced domain name law firms, particularly in representing Complainants and Respondents in domain name disputes.
A sample of some recent domain name disputes Cooper Mills successfully represented clients in are:
The UDRP is the Uniform Dispute Resolution Policy which was introduced by the global domain name regulator ICANN in 1999 when the popularity of domain names was increasing and the market was largely unregulated.
The UDRP is relevant to disputes relating to TLDs such as .com and .net.
The auDRP is the Australian version of the UDRP and was set up by auDA (Australia’s domain name regulator) to address domain name disputes involving .au domain names.
The auDRP is largely based on the UDRP with some variations, the primary variation being the third element of the policy, instead of having to show that a Respondent registered and used a domain name in bad faith, the auDRP only requires that either one of those grounds be satisfied.
Cooper Mills has extensive experience having acted in some of the leading auDRP cases, including the successful application of the Oki Data principle for the first time in Australia and successfully obtaining a reverse domain name hijacking finding against a party for a bad faith use of the auDRP.
In some instances domain name disputes cannot be resolved through the UDRP or the auDRP, and legal proceedings may have to be commenced through the Courts. In some cases an unsuccessful respondent may choose to have a Court review a UDRP or auDRP finding, and proceedings are issued. In most other cases disputes arise around the use of domain names and are often connected with trademark infringement proceedings or Australian Consumer Law or passing off claims.
Cooper Mills have extensive experience in running legal proceedings in Australian Courts, and in some instances in overseas jurisdictions with the aid of our network of international associates.
Speak to the team at Cooper Mills today for a free 30 minute consultation on your domain name dispute.Get your Free Consultation